by Edward TerzianFinancial Elder Abuse | Protecting Seniors’ Rights
Financial elder abuse is a growing problem in our society, affecting vulnerable older adults who are often targeted by scammers and unscrupulous individuals. In many cases, this abuse occurs within the context of Trust litigation, where family members or other beneficiaries may dispute the management or distribution of assets held in trust. Understanding the dynamics of financial elder abuse...
by Edward TerzianDistribution of Inheritance
How an inheritance is distributed to heirs and beneficiaries is at the complete discretion of the Settlor. Settlors not only decide to whom they wish to leave their assets but also may control the manner and method in which it is distributed to the beneficiaries. Within the instruments of a Trust, a Settlor discloses every detail and instruction on how the inheritance should be distributed,...
by Edward TerzianLegally Relevant Parties | Inheritance Recovery Attorneys
Understanding the dynamics of legally relevant parties that interact with a Trust is critical before pursuing a Trust contest. The movement of assets within a Trust will primarily involve Trustees and beneficiaries. Trustees are fiduciaries who have a duty to act in the best interests of the beneficiaries, as they are responsible for the Trust’s execution. Accordingly, Trustees have an...
by Edward TerzianUndue Influence | Legal Insights from Inheritance Recovery
Undue influence is a common tactic used to manipulate a Trust or Will for a wrongdoer’s benefit. Commonly a wrongdoer will take advantage of a parent or family member susceptible to manipulation or dependent on them to financially capitalize by estate document manipulation. Family and friends who witness this behavior often feel helpless, as it can be tricky to navigate, especially if the...by Edward TerzianBeing Disinherited Is A Spectrum
There is a common misconception that disinheritance indicates that a person is removed from their inheritance fully. However, being disinherited is a spectrum; it can range from full disinheritance to partial disinheritance. Partial disinheritance is when the Settlor revokes a portion of a beneficiary’s assets. Typically this involves a reallocation of asset distribution in some way. When...
by Edward TerzianTrust Litigation | Inheritance Recovery Attorneys
Trust litigation is an intricate and extensive process. This is because judicial procedures comprise various steps to ensure that the matters that reach the courtroom have been prepared substantially to preserve due process and efficiency. It may appear daunting, but it is feasibly done with experienced counsel. Pleadings kickstart any lawsuit. A pleading is a formal written statement of the...
by Edward TerzianTrust and Will Contest | Inheritance Recovery Attorneys
Cogent evidence and timeliness are two significant components of a successful Trust and Will contest. Due process and efficiency are paramount to the legal system, and for such reason, statutes of limitation exist and are stringent. Therefore, if you’re considering a Trust or Will contest, it is vital to adhere to deadlines, as failure to do so can jeopardize your chance of recovering...
by Edward TerzianTrust Disputes | Resolving Issues with Inheritance Recovery
Trust disputes typically ensue due to a beneficiary or family member being unexpectedly disinherited from the estate. This is commonly done through undue influence or some means of deception by another party. Usually, this results in a Trust that contains entirely new provisions that don’t coincide with the Settlor’s known intentions or a distribution that overwhelmingly favors one party. In...
by Edward TerzianTrustees | Understanding Responsibilities
Trustees who forgo their fiduciary duties or mishandle a Trust face the risk of being removed from their position. In the event that this happens, many wonder what the next steps are and what options remain. Trustee selection relies predominantly in the court’s hands. When a Trustee is deemed unfit, the court has complete discretion to elect who they want to oversee the estate. Ultimately this...
by Edward Terzian